NECESSITY, FUNCTION, AND CONFORMITY: KRS
177.9771(10) authorizes the Secretary of the Transportation Cabinet to
promulgate administrative regulations necessary to administer the provisions of
KRS 177.9771, 177.9772, 177.979, and 189.230. KRS 177.9771(2) requires the
Secretary of the Transportation Cabinet to certify those public highways that
meet certain criteria as the extended weight coal or coal by-products haul road
system. KRS 177.9771(1) requires that roads that are currently, or have been in
the past, state-maintained toll roads always be included on the extended weight
coal or coal by-products haul road system. KRS 189.230(2) authorizes the
Department of Highways to prescribe a gross vehicle weight limit for a bridge
lower than a limit prescribed in KRS 177.9771 on a bridge that may be damaged
or destroyed to the point of catastrophic failure if gross vehicle weights
exceed certain limits. KRS 177.9771(9) requires the Transportation Cabinet
Secretary to meet with certain local governing bodies and consider the concerns
of those bodies before adding to or deleting from the extended weight coal or
coal by-products haul road system. This administrative regulation establishes requirements
for the extended weight coal or coal by-products haul road system and
associated bridge weight limits.

Section 1. Definitions. (1)
"AASHTO" means the American Association of State Highway and
Transportation Officials.

(2) "Catastrophic failure"
means a failure that is marked by sudden or unpredictable extreme damage.

(5) "CR" means a public
highway, road, or street not maintained by the Kentucky Department of Highways.

(6) "FROM" means the beginning
milepoint and terminus of a road segment on the extended weight coal or coal
by-product haul road system.

(7) "I" means an interstate and
defense highway maintained by the Kentucky Department of Highways.

(8) "KY" means a state numbered
highway maintained by the Kentucky Department of Highways.

(9) "LN" means line.

(10) "Local governing body"
means the fiscal court of a county, the city council or commission of a city of
the first through fourth classes, or the council of an urban county government.

(11) "P" means parallel bridge.

(12) "PKWY" means parkway.

(13) "TO" means the ending
milepoint and terminus of a road segment on the extended weight coal or coal
by-product haul road system.

(14) "TY I" means a single unit
truck consisting of two (2) single axles.

(15) "TY II" means a single
unit truck consisting of one (1) steering axle and two (2) axles in tandem
arrangement.

(16) "TY III" means a single
unit truck consisting of one (1) steering axle and three (3) axles in tridem
arrangement.

(17) "TY IV" means a
tractor-semitrailer combination with five (5) or more axles.

(18) "US" means a United States
numbered highway maintained by the Kentucky Department of Highways.

Section 2. Evaluation of Bridges. (1) The
department shall determine which bridges on the extended weight coal or coal
by-products haul road system may be damaged or destroyed to the point of catastrophic
failure by a vehicle operating at the weight authorized by KRS 177.9771 by
using The Manual for Bridge Evaluation.

(2) The load factor method of analysis
shall be used if a bridge is known to have been designed by this method.

(3) If the allowable stress method of
analysis is used, the maximum allowable stress in steel members shall not
exceed seventy-five (75) percent of the yield strength of the steel.

(4) If neither the load factor nor
allowable stress method of analysis can be used, the Department of Highways
shall conduct an on-site inspection to determine if the bridge shows
appreciable signs of deterioration or distress or otherwise poses a significant
hazard to the traveling public.

Section 3. Limiting Weight on Bridges.
The department shall use the guidelines in The Manual for Bridge Evaluation to
set a weight limit for a bridge deemed at risk of catastrophic failure pursuant
to KRS 189.230(2).

Section 4. Dimension Limits on the
Extended Weight Coal Haul Road System. A motor vehicle displaying a valid
extended weight coal haul decal or cooperative license plate issued pursuant to
KRS 177.9771 and being operated on a road segment that is part of the Extended
Weight Coal or Coal By-product Haul Road System (EWCHRS) shall not exceed the
dimension limits established in 603 KAR 5:070, Sections 3 and 4.

(b) The cabinet shall provide a copy of
the list in paper form upon request.

(c) A paper copy may be viewed at a Department
of Highways district office or may be viewed, copied, or purchased for ten (10)
cents per page from the Division of Maintenance, Third Floor, Transportation
Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622. The telephone
number for the Division of Maintenance is (502) 564-4556, and the hours of
operation are 8 a.m. until 4:30 p.m., Eastern Time, Monday through Friday.

(2) The bridges identified on the
Transportation Cabinet Web site and by official order of the secretary shall:

(a) Be those bridges that have been
determined by the department to be at risk of damage or destruction to the
point of catastrophic failure; and

(b) Have a weight limit established.

Section 6. Restricted Bridge Use. A
person shall not operate, or knowingly cause to be operated, a vehicle on a
bridge listed on the Web site and in the official order if the vehicle's gross weight
exceeds the weight limit established for that bridge.

Section 7. Bridge Posted Weight Limits.
In accordance with KRS 189.230(3), the Department of Highways shall post the
gross vehicle weight limits for each bridge included on the EWCHRS.

Section 8. Additional Bridge
Restrictions. A person shall not operate, or knowingly cause to be operated, a
vehicle on a bridge on the extended weight coal or coal by-products haul road
system if the vehicle's gross weight exceeds the limit established by a notice
posted pursuant to KRS 189.230(3).

Section 9. (1) A resolution of a local
governing body making a recommendation to the secretary, pursuant to KRS
177.9771(9), shall be submitted to Secretary of Transportation, Transportation
Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622.

(2) The resolution shall set forth:

(a) A specific description of the road or
road segment under consideration; and

(b)1. A specific description of the
inherent and definite hazardous condition; or